Denial of suspensive effect for procurement award annulment conflict under European law mandates

The court denied the applicant's request for suspensive effect of her complaint, thereby upholding the lower administrative authority's decision and preventing the restoration of a previous procurement award. The dispute concerned a public procurement procedure where the administrative court had declared an award decision made in favor of the applicant by the procurement authority null and void. The court determined that granting suspensive effect would result in a final award that contradicted the only legally required reviewing authority's decision under European law, thereby violating compelling public interests. The decisive legal basis was § 30 para. 2 of the Act on the Administrative Courts (VwGG), which permits the denial of suspensive effect when compelling public interests are at stake, specifically to prevent the circumvention of mandatory European public procurement law requirements through domestic administrative review.